Fraud (Trials without a Jury) Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Fraud (Trials without a Jury) Bill

Fraud (Trials without a Jury) Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately

as Bill 6—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary John Reid has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Fraud (Trials without a Jury) Bill are compatible

with the Convention rights.

Bill 6

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Fraud (Trials without a Jury) Bill

Bill 6 54/2

Fraud (Trials without a Jury) Bill

Contents

1

Commencement of section 43 of the Criminal Justice Act 2003

2

Jurisdiction under section 43 of the Criminal Justice Act 2003

3

Section 43 of the Criminal Justice Act 2003: Northern Ireland

4

Commencement, extent and short title

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Fraud (Trials without a Jury) Bill

1

A

Bill

To

Make amendments of and in relation to section 43 of the Criminal Justice Act

2003.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1

Commencement of section 43 of the Criminal Justice Act 2003

Section 330(5)(b) of the Criminal Justice Act 2003 (c. 44) (commencement by the

affirmative procedure of section 43 of that Act, under which the prosecution

may apply for a fraud trial to be conducted without a jury) is repealed.

2

Jurisdiction under section 43 of the Criminal Justice Act 2003

5

(1)

In section 43(2) of the Criminal Justice Act 2003 (application by prosecution for

a fraud trial to be conducted without a jury), for “a judge of the Crown Court”

substitute “a judge of the High Court exercising the jurisdiction of the Crown

Court”.

(2)

In section 48 of that Act (further provision about trials without a jury), for

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subsection (1) substitute—

“(1)

The effect of an order under section 43 is that the trial to which the order

relates is to be conducted—

(a)

without a jury, and

(b)

by a judge of the High Court exercising the jurisdiction of the

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Crown Court.

(1A)

The effect of an order under section 44 or 46(5) is that the trial to which

the order relates is to be conducted without a jury.”

3

Section 43 of the Criminal Justice Act 2003: Northern Ireland

(1)

In section 50 of the Criminal Justice Act 2003 (application of Part 7 of that Act

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to Northern Ireland), in subsection (1)(b), for “(3)” substitute “(2A)”.

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Fraud (Trials without a Jury) Bill

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(2)

After subsection (2) of that section insert—

“(2A)

For section 43(1)(b) substitute—

“(b)

a notice of transfer relating to that offence or those offences has

been given under Article 3 of the Criminal Justice (Serious

Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846) (notices

5

in serious and complex fraud cases).””

4

Commencement, extent and short title

(1)

This Act comes into force at the end of the period of two months beginning

with the day on which it is passed.

(2)

This Act extends to England and Wales and to Northern Ireland.

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(3)

This Act may be cited as the Fraud (Trials without a Jury) Act 2007.